Overturning of Roe v. Wade

Introduction:

The US Supreme Court released its decision on Dobbs v. Jackson Women’s Health Organisation. The Court's 6-3 decision, which overturned Roe v. Wade, the historic 1973 judgment confirming a constitutional right to an abortion, was one of its most significant rulings in the last 50 years. The Roe decision was overturned, leaving state governments to decide whether abortion care is allowed. Although a few states recently upheld the right to an abortion, 26 states are very likely or definitely going to outlaw it in most or all situations. "Roe was egregiously wrong from the start" Justice Samuel Alito wrote in his majority opinion. "Its reasoning was exceptionally weak, and the decision had damaging consequences.

Background:

At least 21 states currently have legislation or constitutional amendments that would force them to try to outlaw abortion as soon as possible, and another four states are likely to do the same without federal protections. In response to the Roe ruling, Indiana was the first state to enact new abortion restrictions on August 5. There was complete prohibition on abortion, enacted by the state legislature and signed by the governor, with exceptions for rape, incest, and situations when the mother's life or physical health is in danger.

President Joe Biden said Friday "The health and life of women in this nation are now at risk" after the Supreme Court overturned Roe v. Wade and eliminated the constitutional right to an abortion. House Speaker Nancy Pelosi called the ruling "such an insult, a slap in the face to women." Former President Barack Obama criticised the decision, saying the high court had "relegated the most intensely personal decision someone can make to the whims of politicians and ideologues — attacking the fundamental freedoms of millions of Americans," in addition to overturning nearly 50 years of precedent.

History:

Norma McCorvey was the initial plaintiff in Roe v. Wade case that proceeded to the Supreme Court in 1973, remaining anonymous under the pseudonym "Jane Roe" When she was sixteen, she had her first kid, which she gave to her mother, and her second child was given up for adoption. She wanted to have an abortion during her third pregnancy but was unable to due to Texas Law. In Texas in the 1970s, women could only get an abortion if the unborn child's life was in danger.

McCorvey and her attorneys filed a class-action lawsuit against Dallas County District Attorney Henry Wade, bringing their case to the Supreme Court.

As a result of Roe's victory in the case, the Supreme Court decided that abortions were a constitutional right on February 26, 1973. According to the ruling, women might obtain abortions "free from State interference" during the first trimester. Roe v. Wade’s court decision marked a significant win for reproductive rights. People now have easy access to safe abortion procedures thanks to the implementation of Roe v. Wade.

For years, conservatives have been selecting justices to the Supreme Court who they believe will disagree with Roe v. Wade. But Roe persevered against these odds for many years. For instance, Republican presidents all nominated the judges Anthony Kennedy, David Souter, and Sandra Day O'Connor. And in Planned Parenthood v. Casey, all three of them voted to uphold Roe. But it appears that the case the court's conservatives were waiting for was Dobbs v. Jackson Women's Health.

Related Case Laws:

In its 1992 decision in the case of Planned Parenthood v. Casey, the Supreme Court of the United States recognised that women do have the right to an abortion as part of their right to privacy under the Fourteenth Amendment. But after examining the Roe case, they made changes to the framework. It stated that the state should not control abortions using a three-trimester, twelve-week method. Instead, a criteria based on "foetus viability" was developed to control abortions. The foetus' ability to live outside the womb is known as foetus viability. A foetus’s viability typically lasts for seven months, or 28 weeks, however, it can also last for 24 weeks.

The Whole Woman's Health case served as a foundation for this one. The constitutionality of granting admitting privileges to abortion providers was contested in this case as well. The four liberal justices and Chief Jurist John Roberts, who is regarded as a conservative justice, voted to invalidate the Louisiana Statute. The majority in the case noted that abortion was one of the safest medical procedures and that outright prohibiting it would only violate women's right to privacy and put them in more hardship.

Conclusion:

Many people believe that Roe v. Wade "legalised" abortion. That isn't really accurate, though. It altered how states may control abortion and declared that it fell under a person's right to privacy protected by the constitution. Americans answered, 66% to 34%, in a May CNN poll taken shortly after the draft opinion was leaked, that they did not want the Supreme Court to entirely reverse its judgment. The percentage of the population who support entirely reversing Roe has never gotten above 36% in CNN polls conducted since 1989.

Women have the freedom to decide whether or not they want to have children. Naturally, there must also be some limitations on women's rights. Due to ingrained societal ideas, it may never be known whether life begins at conception or after birth. However, the child eventually suffers the most as a result of the pendulum of this question and notions. The State has the authority to safeguard its citizens' health. It has the authority to decide on issues involving the lives and health of its constituents. But it's important to realise that they must be realistic. An instance of this is Texas' most recent abortion law. What justifies a woman giving up her rights?

Women and their rights under the U.S. Constitution are being completely violated by the overturning of the Roe v. Wade decision. Since a person's fundamental and constitutional rights serve as a tool for the development of the country, the government must take necessary measures to defend those rights.

~Shruti Majumdar 5th year, BA. LL.B Honours Department of Law, Calcutta University